notice to quit

notice to quit

n. the notice given by a landlord (owner) to a tenant) to leave the premises (quit) either by a certain date (usually 30 days) or to pay overdue rent or correct some other default (having pets, having caused damage, too many roommates, using the property for illegal purposes, etc.) within a short time (usually three days). A notice to quit must contain certain information, such as: names of the persons to leave, whether their tenancy is by written or oral agreement, an amount of any financial delinquency and the period it covers, and to whom they should surrender the premises. If the tenant is month-to-month, a notice to quit without reference to default usually requires no reason. Although state laws vary, generally the notice must be served personally on the tenant or posted in a prominent place like the front door with a copy sent by certified mail. Such notice, and failure of the tenant to quit (leave), is a requirement to bring a lawsuit for unlawful detainer (often referred to as "eviction".) (See: notice, lease, unlawful detainer)

notice to quit

a warning to a person that they must leave premises. Different circumstances require more or less formality. Sometimes a failure to serve a mandatory notice may invalidate proceedings such as eviction.

NOTICE TO QUIT. A request from a landlord to his tenant, to quit the
premises leased, and to give possession of the same to him, the landlord, at
a time therein mentioned.
2. It will be proper to consider, 1. The form of the notice. 2. By whom
it is to be given. 3. To whom. 4. The mode of serving it. 5. At what time it
must be served. 6. What will amount to a waiver of it.
3.- Sec. 1. The form of the notice. The notice or demand of possession
should contain a request from the landlord to the tenant or person in
possession to, quit the premises which he holds from the landlord, (which
premises ought to be particularly described, as being situate in the street
an city or place, or township and county,) and to deliver them to him on or
before a day certain, generally, when the lease is for a year, the same day
of the year on which the lease commences. But where there is some doubt as
to the time when the lease is to expire, it is proper to add, "or at the
expiration of the current year of your tenancy." 2 Esp. N. P. C. 589. It
should be dated, signed by the landlord himself, or by some person in his
name, who has been authorized him, and directed to the tenant. The notice
must include all the premises under the same demise;, for the landlord
cannot determine the tenancy as to part of the premises demised and continue
it as to the residue. For the purpose of bringing an ejectment, it is not
necessary that the notice should be in writing, except when required to be
so under an express agreement between the parties. Com. Dig. Estate by
Grant, G 11, n. p. But it is the general and safest practice to give written
notices, and it is a precaution which should always, when possible, be
observed, as it prevents mistakes, and renders the evidence certain and
correct. Care should be taken that the words of a notice be clear and
decisive, without ambiguity, or giving an alternative to the tenant, for if
it be really ambiguous or optional, it will be invalid. Adams on Ej. 122.
4.-Sec. 2. As to the person by whom the notice is to be given. It must
be given by the person interested in the premises, or his agent properly
appointed. Adams on Ej. 120. As the tenant is to act upon the notice at the
time it is given to him, it is necessary that it should be such as he may
act upon with security, and should, therefore, be binding upon all the
parties concerned at the time it is given. Where, therefore, several persons
are jointly interested in the premises, they all must join in the notice,
and if any of them be not a party at the time no subsequent ratification by
him will be sufficient by relation to render the notice valid. 5 East, 491;
2 Phil. Ev. 184. But if the notice be given by an agent, it is sufficient if
his authority is afterwards recognized. 3 B. & A. 689.
5.-Sec. 3. As to the person to whom the notice should be given. When the
relation of landlord and tenant subsists, difficulties can seldom occur as
to the party upon whom the notice should be served. It should invariably be
given to the tenant, of the party serving the notice, notwithstanding a part
may have been underlet, or the whole of the premises may have been assigned;
Adams on Ej. 119; 2 New Rep. 330, and vide 14 East, 234; unless, perhaps,
the lessor has recognized the sub-tenant as his tenant. l0 Johns. 270. When
the premises are in possession of two or more as joint-tenants or tenants in
common, the notice should be to all; a notice addressed to all, and served
upon one only, will, however, be a good notice. Adams on Ej. 123.
6.-Sec. 4. As to the mode of, serving the notice. The person about
serving the notice should make two copies of it, both signed by the proper
person, then procure one or more respectable persons for witnesses, to whom
he should show the copies, who, upon comparing them, and finding them alike,
are to go with the person who is to serve the notice. The person serving the
notice then in their presence, should deliver one of these copies to the
tenant personally, or to one of his family, at his usual place of abode,
although the same be not upon the demised premises; 2 Phil, Ev. 185; or
serve it upon the person in possession; and where the tenant is not in
possession, a copy may be served on him if he can be found, and another on
the person in possession. The witnesses should then, for the sake of
security, sign their names on the back of the copy of the notice retained,
or otherwise mark it so as to identify it, and they should also state the
manner in which the notice was served. In the case of a joint demise to two
defendants, of whom one alone resided upon this premises, proof of the
service of the notice upon him has been held to be sufficient ground for the
jury to presume that the notice so served upon the premises, has reached the
other who resided in another place. 7 East, 553; 5 Esp. N. P. C. 196,
7.-Sec. 5. At what time it must be served. It must be given three months
before the expiration of the lease. Difficulties sometimes arise as to the
period of the commencement of the tenancy, and when a regular notice to quit
on any particular day is given, and the time when the term began is unknown,
the effect of such notice as to its being evidence or not of the
commencement of the tenancy, will depend upon the particular circumstances
of its delivery; if the tenant having been applied to by bis landlord
respecting the time of the commencement of the tenancy, has informed him, it
began on a certain clay, and in consequence of such information, a notice to
quit on that day is given at a subsequent period, the tenant is concluded by
his act, and will not be permitted to prove that in point of fact, the
tenancy has a different commencement; nor is it material whether the
information be the result of design or ignorance, as the landlord is in both
instances equally led into error. Adams on Ej. 130; 2 Esp. N. P. C. 635; 2
Phil. Ev. 186. In like manner if the tenant at the time of delivery of the
notice, assent to the terms of it, it will waive any irregularity u to the
period of its expiration, but such assent must be strictly proved. 4 T. R.
361; 2 Phil. Ev. 183. When the landlord is ignorant of the time when the
term commenced, a notice to quit may be given not specifying any particular
day, but ordering the tenant in general terms to quit and deliver up the
possession of the premises, at the end of the current year of his tenancy
thereof, which shall, expire next after the end of three months from the
date of the notice. See 2 Esp. N. P. C. 589.
8.-Sec. 6. What will amount to a waiver of the notice. The acceptance of
rent accruing subsequently to the expiration of the notice is the most usual
means by which a waiver of it may be produced, but the acceptance of such
rent is open to explanation; and it is the province of the jury to decide
with what views, and under what circumstances the rent is paid and received.
Adams on Ej. 139. If the money be taken with an express declaration that
the notice is not thereby intended to be waived, or accompanied by other
circumstances which may induce, an opinion that the landlord did not intend
to continue the tenancy, no waiver will be produced by the acceptance; the
rent must be paid and received as rent, or the notice will remain in force.
Cowp. 243. The notice may also be waived by other acts of the landlord; but
they are generally open to explanation, and the particular act will or will
not be a waiver of the notice, according to the circumstances which attend
it. 2 East, 236; 10 East, 13; 1 T. R. 53. It has been held that a notice to
quit at the end of a certain year is not waived by the landlord's permitting
the tenant to remain in possession an entire year after the expiration of
the notice, notwithstanding the tenant held by an improving lease, that is,
to clear and fence the land and pay the taxes. 1 Binn. 333. In cases,
however, where the act of the landlord cannot be qualified, but must of
necessity be taken as a confirmation of the tenancy, as if he distrain for
rent accruing after the expiration of the notice, or recover in an action
for use and occupation, the notice of course will be waived. Adam on Ej.
144; 1 H. BI. 311.

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